Council Regulation (EU) 2021/2278 of 20 December 2021 suspending the Common Customs Tariff duties referred to in Article 56(2), point (c), of Regulation (EU) No 952/2013 on certain agricultural and industrial products, and repealing Regulation (EU) No 1387/2013

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

Whereas:

1. The production of certain agricultural and industrial products in the Union is currently either inadequate to meet the specific requirements of the user industries in the Union or non-existent. Consequently, Union supplies of those products depend on imports from third countries. It is therefore in the interest of the Union to grant a partial or complete suspension of the Common Customs Tariff duties referred to in Article 56(2), point (c), of Regulation (EU) No 952/2013 of the European Parliament and of the Council⁽¹⁾ (‘CCT duties’) on those products.

2. In order to take into account the interest of the Union, technical product developments, changes in circumstances and economic trends in the market, it could be necessary to close certain suspensions. It is therefore necessary to provide for a review of the suspensions of the CCT duties on the products listed in this Regulation.

3. With a view to promoting integrated battery production in the Union, the date for the mandatory review of certain suspensions of CCT duties on the products listed in this Regulation should be 31 December 2022, in order for that review to take into account the evolution of the battery sector in the Union.

4. Statistics for certain products listed in this Regulation are frequently expressed in pieces, square metres or supplementary units other than weight. For certain products, however, no supplementary unit is specified in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87⁽²⁾ (‘the Combined Nomenclature’). Therefore, it is necessary to provide that not only the weight in kilograms or tonnes be entered in the customs declaration for release for free circulation, but also the relevant supplementary units for the imports of the products concerned.

5. It is necessary to clarify that any mixtures, preparations or products made up of different components containing products subject to the suspension of CCT duties should be excluded from the scope of this Regulation, as only the products as described in this Regulation should be subject to the suspension.

6. Council Regulation (EU) No 1387/2013⁽³⁾ has been amended many times. In addition, as the coding of the Combined Nomenclature has been updated by Commission Implementing Regulation (EU) 2021/1832⁽⁴⁾, a large number of changes to Regulation (EU) No 1387/2013 would be required. Therefore, in the interests of clarity and transparency, that Regulation should be replaced in its entirety.

7. In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of improving the competitive capacity of Union industry, and thereby enabling Union industry to maintain or create employment and modernise its structures, to lay down rules on the suspension of CCT duties for the agricultural and industrial products listed in this Regulation. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with Article 5(4) of the Treaty on European Union.

8. In order to avoid any interruption in the application of the autonomous tariff suspension scheme and to comply with the guidelines set out in the communication from the Commission of 13 December 2011 concerning autonomous tariff suspensions and quotas, the suspensions of CCT duties on the products listed in this Regulation should apply from 1 January 2022. This Regulation should therefore enter into force as a matter of urgency,

HAS ADOPTED THIS REGULATION: